(820 ILCS 190/1)
Sec. 1. Short title. This Act may be cited as the Illinois Fringe Benefit Portability and Continuity Act.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/5)
Sec. 5. Public policy. It is the purpose of this
Act that temporary or short-term employees employed by the State
of Illinois and its political subdivisions or other public
employers shall have continuity of health and welfare insurance,
pension, and other fringe benefits for work performed for the State of Illinois, its political subdivisions, and other
public employers, and that the State of Illinois and its
political subdivisions and other public employers shall have
the contractual authority to execute written agreements with
employee benefit plans and labor organizations to ensure that
temporary and short-term employees have continuity of health and
welfare insurance, pension, and other fringe benefits for work
performed for the State of Illinois and its political subdivisions or
other public employers.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/10)
Sec. 10. Application. This Act applies to the
State of Illinois and its political subdivisions and other
public employers that employ temporary or short-term employees
who are not covered by an employment contract or collective
bargaining agreement but who are referred from labor
organizations and are receiving a fringe benefit allowance
directly and in the form of wages from the State of Illinois and
its political subdivisions and other public employers.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/15)
Sec. 15. Definitions. As used in this Act, unless
the context otherwise requires:
“Employee benefit plan” shall mean an employee benefit
plan as defined under the Employee Retirement Income Security
Act, 29 U.S.C. 1001, et seq.
“Temporary or short-term employee” shall mean an employee
who is not covered by a collective bargaining agreement or an
employment contract.
“Written agreement” shall mean a participation agreement
or other agreement prescribed by the employee benefit plan or
labor organization but shall not be construed as a collective
bargaining agreement, except as permitted under the Illinois
Public Labor Relations Act.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/20)
Sec. 20. Fringe benefit portability and continuity.
(a) If the State of Illinois, its political subdivisions,
or other public employers procure short-term or temporary employees from a labor organization, then the State of Illinois, its political subdivisions, or other public employers shall enter into written agreements
with employee benefit plans and labor organizations providing
that the State of Illinois, its political subdivisions, or
other public employers shall make an employer contribution of the benefit allowance
of the applicable wage package to the applicable
employee benefit plans for the
temporary or short-term employees who are referred from labor
organizations, provided that:
- (1) The employee benefit plans are employee pension benefit plans or employee welfare benefit plans under the Employee Retirement Income Security Act.
- (2) The referred employee, as a condition of referral to the State of Illinois and its political subdivisions or other public employers as a temporary or short-term employee, has entered into an agreement or authorization with a labor organization to have the fringe benefit allowance of the applicable wage rate remitted directly to an employee benefit plan.
- (3) The fringe benefit allowance of the applicable wage package shall be an employer contribution and not an employee wage deduction.
- (4) The State of Illinois and its political subdivisions and other public employers agree, in writing, to make contributions subject to the same rules and policies generally applicable to private employers who are making contributions to that employee benefit plan.
(b) The written agreement specified in subsection (a) shall not be construed as a collective bargaining
agreement, contract for employment, or an agreement that
otherwise guarantees the employment of the temporary or short-term
employees used by the State of Illinois and its
political subdivisions and other public employers. Nothing in
this Act shall be construed to afford temporary or short-term
employees the right to organize or collectively bargain
pursuant to the Illinois Public Labor Relations Act, except as
specifically provided by the provisions of that Act. Nothing in
this Act shall be construed to afford temporary or short-term
employees any benefit or the right to participate in any
retirement system of the State of Illinois, except as
specifically provided by the provisions of the Illinois Pension Code.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/25)
Sec. 25. Construction of Act. This Act shall be
liberally construed to effect the purposes of the Act. By virtue
of this Act, the State of Illinois and its political subdivisions
or other public employers shall not be considered to be
maintaining or administering an employee benefit plan.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/97)
Sec. 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 95-455, eff. 8-27-07.)
(820 ILCS 190/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 95-455, eff. 8-27-07.)